Felonies

News & Analysis as of

Prop 47: $950 Difference Between Felony & Misdemeanor

California's Proposition 47 raises interesting questions in terms of how much certain crimes will cost law-abiding citizens, vs. how much those crimes financially burden our prison system. If approved by voters, some crimes...more

Eleventh Circuit Says Florida Aggravated Fleeing Is an Aggravated Felony

Convictions of certain types of crimes, referred to as “aggravated felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types of...more

Illinois Supreme Court Debates Automatic Revocation of Certain Health Professionals' Licenses

Our reports on the oral arguments of the May term of the Illinois Supreme Court conclude this morning with Consiglio v. Department of Financial and Professional Regulation. Consiglio involves a constitutional challenge to...more

New York’s Campus Safety Act: Proposed Legislation to Require Notice of Violent Felonies and Missing Persons

The New York State Senate passed a bill today that would amend New York’s Campus Safety Act to require institutions, effective immediately upon its enactment, to notify law enforcement of any report of a violent felony or...more

Deportation Coming Up in Season 6 of “The Real Housewives of New Jersey”: Real Immigration Problems for Celebs Teresa and Giuseppe...

On March 4, 2013, two of the stars of the Bravo Network television show, “The Real Housewives of New Jersey,” pleaded guilty to several counts of fraud and other charges in a federal court in Newark, New Jersey. Teresa and...more

BB&K Police Bulletin: Gang Members Who Carry Loaded Firearms Can Be Charged With A Felony

“Felonious Criminal Conduct” Under California’s Gang Enhancement Statutes Elevates Misdemeanor Offense to a Felony - Overview: The California Supreme Court has ruled that possession of a firearm by a felon constituted...more

Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific...

To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject...more

Court Recovery of Unremitted Employee Wage Withholdings

Existing law makes it a crime for an employer to willfully, or with the intent to defraud, fail to remit agreed-upon payments to health and welfare funds, pension funds or vacation plans, or other various benefit plans. The...more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

Regulating Revenge Porn And Explicit Online Communications With Children – Easier Said Than Done

Everyone supports the prevention of sexual predators texting illicit material to people under 17. Everyone knows that revenge porn is a scourge on public decency. ...more

Colorado Defense Attorney Charged With Felony – Why?

A recent indictment in a state court in La Plata County, Colorado, has ruffled feathers in the defense bar. The accused was one of our own, criminal defense attorney Brian Schowalter. The charge was based on Schowalter’s...more

Final SEC Rule Disqualifying Bad Actors From Rule 506 Offerings

The SEC has adopted final rules to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 926 required the SEC to adopt rules that disqualify securities offerings involving certain...more

Contest insurance, part one: Get it or regret it

Recently I have helped several clients with contests that seemingly required entrants to do the impossible to win a prize. One promotion required contestants to guess a six-digit code that would open a safe. Another involved...more

Latest LCD Criminal Conviction - Stephen Leung Of AUO Convicted On Retrial

After a 3-week trial and less than 24 hours of deliberation, a federal jury in San Francisco convicted Mr. Stephen Leung of AUO of one felony count of price-fixing in violation of Section 1 of the Sherman Act. He was charged...more

An Ounce of Prevention Could Have Been the Cure

Earlier this month, a restaurant company in the Midwest pled guilty to an immigration charge when a federal investigation revealed that one of the company’s restaurant managers was an undocumented worker who provided the...more

Police Operation Nabs 12,000 Felons in Florida

The streets of Florida could be a little bit safer after a three-week police initiative resulted in the arrest of nearly 12,000 felons. The initiative named "Operation: Felon Sweep" targeted felons known to be, or believed to...more

Felony Disqualifiers for “Deferred Action” Status

Soon after announcing the launch of a “deferred action” program to suspend immigration enforcement actions against qualifying individuals who came to the U.S. as children, the White House and the Department of Homeland...more

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